United States v. Gordon Allen, Jr.

In a non jury trial, Allen was convicted of having transported an automobile in interstate commerce, knowing the same to have been stolen. 18 U.S.C. § 2312 . In this appeal two claims of error are presented. The first relates to certain incriminating statements made by Allen to a federal law enforcement official after Allen’s arrest and after he had been adequately warned of his right to remain silent. The court properly permitted the officer to testify as to the statements made by Allen, but Allen, relying principally upon Opper v. United States, 348 U.S. 84 , 75 S.Ct. 158 , 99 L. Ed. 101 (1954), contends that there was no independent corroborating evidence of his statements and, hence, that his conviction cannot stand upon the basis of those statements alone. Such corroborative evidence as may be necessary in such a situation need not, of itself, be sufficient to support conviction. It suffices that it is sufficient to establish that the self-incriminating declarations are trustworthy. See, e.g., Smith v. United States, 348 U.S. 147 , 75 S.Ct. 194 , 99 L.Ed. 192 (1954); Rodriquez v. United States, 407 F.2d 832 (9th Cir. 1969). Our review of the record convinced us that there was…